ПРАВНА ПРИРОДА СИСТЕМА ВЛАСТИ У РЕПУБЛИЦИ СРПСКОЈ - СТАЊЕ, ТЕНДЕНЦИЈЕ И ДИЛЕМЕ ЕВЕНТУАЛНИХ УСТАВНИХ ПРОМЈЕНА
LEGAL NATURE OF THE GOVERNMENT SYSTEM IN REPUBLIC OF SRPSKA – THE CONDITION, TENDENCIES AND DILEMMAS OF POTENTIAL CONSTITUTIONAL CHANGES

Summary/Abstract: The Constitution of Republic of Srpska defines that state power in the Republic is organized on the power separation principle into legislative, executive, and judiciary. With respect to relations of the three branches of state power in contemporary legal systems the central question arises about the relation between the legislative and the executive powers (legislation and the executive).These two authorities have political character and it is their mutual relation that defines the system of government nature. There at, the scope of authority of the chief of the state is extremely significant. For this particular reason, in defining the legal nature of the system of government in Republic of Srpska, this paper emphasizes the matter of constitutional position of the President of Republic of Srpska. It further analyses the constitutional position of the Government, as well as the mutual relation between legislation and executive power in their entirety. In addition to normative aspect the paper also looks back at constitutional practice which features the tendency of violating the balance of the holder of authority in the form of stronger role of the executive power. The paper discusses the question of necessity to alter the norms that regulate the position and relate to legislation and executive power in the potential Constitution revision, and the possible direction of those alterations in the system of government. The author makes his point on the matter in question, which is based on the belief and arguments that larger, substantial changes of the existing system of government are unnecessary due to non-existence of legal and political conditions for such changes, but to improve the existing model of government in the potential Constitution revision by means of certain amendments he listed. With a higher degree of constitutional and political culture in following the principle of power separation this would contribute to the development of rule of law in Republic of Srpska

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